. >> criminal defense attorney joey jackson is on the case, joins us from new york. joey, is this a little premature, an initiative just passed last week, the federal law still stands that marijuana is illegal. >> well, how are you doing, ted. good to see you. and happy veterans day, go veterans of america, you do a great job. it comes down to a question of discretion. it is a discretional question at the federal level and at state level. why? because we all know, you and i both know, for more than 40 years, right, the federal government has said, no, to marijuana. they said it is illegal. so therefore because of our supremacy clause, right, which is article six, section two, of the constitution, the feds, it is illegal there and the feds have supremacy over the states. so if it is illegal at the federal level, whatever state does, it is illegal there as well. there is always the question of discretion. the people have spoken and in these respective states and i think the federal government may, in fact, respect that right and therefore say because the people have spoken at the state level
